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SATYA RAM SINGH versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Satya Ram Singh v. State Of U.P. And Others - WRIT - C No. 65208 of 2006 [2006] RD-AH 20255 (29 November 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.10

             Civil Misc. Writ Petition No. 65208 of 2006                        

Satya Ram Singh  . .. .  . .  . . . . . . . .  . . .. . . . ...  . .  .  . .Petitioner.

                                   Versus

State of U.P. and others . .  . . . . .  . . . .  . . .  . .  . . . .  .   Respondents.

        ----

Hon'ble A.K. Yog,J.

Hon'ble R.K.Rastogi,J.

By means of this writ petition the petitioner seeks to challenge the impugned order dated 7.11.2006  passed by respondent no.2  and  the order dated 15.6.2006 passed by respondent no. 3 (  Annexures-10 and 6 respectively to the writ petition ).

Heard learned counsel for the petitioner and the learned  Standing Counsel  for the  respondents.

In instant case, the petitioner  was aggrieved by  order dated 15.6.2006 whereby  Block Development Officer, Eka district Firozabad ( respondent no. 3  to the writ petition ) had approved  division of two ration  dealers ( Satya Ram  and Girish Chandra ) in village  Nagla Gosha etc.  Being aggrieved, the petitioner  filed  objection which remained pending and, hence, the petitioner  approached this Court  by filing Civil Misc. Writ Petition No. 42238 of 2006 ( Satya Ram Singh Vs. State of U.P. and others )  which was  finally disposed of  by this Court vide  order dated  7.8.2006 ( Annexure-8 to the writ petition ). The said order required  the concerned authority to decide the objection/representation of the petitioner.

It appears that the petitioner filed  exhaustive  representation  dated 18.8.2006 ( Annexure no. 9 to the writ petition ) before respondent no.2. One of the grounds of objection  against the  order  dealing with division of fair price shop dealers was that   such a division  was against the relevant government orders and rules.  Since it was against  the rules and  government orders on the subject , it was prayed  that  the said order dated 15.6.2006 approving division be cancelled. The concerned authority decided  the petitioner's representation by means of  the impugned order dated 7.11.2006. The representation of the petitioner  has not been dealt with  favourably by the  concerned authority and it was rejected  on the ground that  division of the shop dealers was done  on the basis of the  decision of Gram Panchayat. The reasoning adopted by the  authority concerned does not  appeal to logic or reason. It is apparent  that  division of fair price  shop dealers  cannot be said to be  in order and the same  being violative of the government orders and rules  should not be approved  or  enforced even if  there was resolution of the Gram Panchayat.

In that view of the matter, the impugned orders dated 15.6.2006 and 7.11.2006 suffer  from manifest error apparent on the face of the record and the same cannot be  sustained in law and  are set aside. The concerned authority  shall decide the  matter a fresh in the light of the objection  raised by the petitioner within four weeks of the receipt of certified copy of this order.

The writ petition is finally disposed of subject to the above directions.

No order as to costs.

Dated: 29.11.2006

RPP.                                                                              

                                                                               


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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